Editorial

More sunshine

Recent incidents make it clear that Missouri needs to revise its Sunshine Law to protect public access to government records and meetings.

The governor's office has destroyed what likely are public records, sparking an investigation by an independent panel appointed by the attorney general.

The Missouri Ethics Commission has announced it will bar public access to hearings in which some political candidates will try to justify keeping thousands of dollars in campaign contributions raised under an unconstitutional law.

These recent decisions, and others, show the law should be tightened.

Too often, government officials act as if the law doesn't apply to them.

Abetting that attitude are weak consequences for violations of the requirements that meetings be open to the public and records maintained for public inspection.

In its next session, the General Assembly should make sure there are tough penalties. Lawmakers also should:

* Create an independent entity to investigate complaints about Sunshine Law violations.

* Clearly state what e-mails are public records.

* Establish how long electronic records must be kept.

Some officials seem fuzzy on the last two requirements. It would be appropriate to clarify them.

Numerous training opportunities are available to help school board members, county and city officials, state legislators and other officeholders learn about the law.

Claiming ignorance is, however, a way to avoid a penalty. The law requires proof that a violation occurred knowingly or purposefully before a fine can be levied.

That makes it too difficult to prove a case and it discourages complaints. By creating a separate commission or office to investigate complaints of open government violations, Missouri would see better compliance. It would relieve citizens of the expensive challenge of filing court cases.

The destruction of e-mail documents in the governor's office created a political firestorm, coming with the firing of a staff attorney who had advised that the e-mails were public records.

Both Democrats and Republicans appear to have open records and open government concerns.

The next session is the opportune time to make Sunshine Law changes that would help keep government open and records accessible. -- The Kansas City Star

Comments